MOBILE, Alabama – A federal judge Wednesday rejected a lawyer’s claim to a share of seized cash that prosecutors have agreed to return to an admitted drug dealer whom he had represented.

Citing a written contract he had with Thy Touch, attorney Chip Herrington asserted a claim to part of the $113,447 that law enforcement officers seized during a raid of the defendant’s home last March. But U.S. District Judge Kristi DuBose agreed with the U.S. Attorney’s Office’s contention that the criminal case is the improper venue for the dispute.

Federal lawyers suggested that any dispute between Herrington and defendant Thy Touch is a civil matter.

The judge also denied Herrington’s request for a hearing on the matter.

Herrington said he is considering appealing the ruling or filing a separate civil action in state court to recover the funds.

“I still believe that the (federal) court has the jurisdiction to honor the lien, and I didn’t get paid,” he said.

Law enforcement authorities seized the cash form Touch’s home on March 19 as part of investigation into allegations that he was selling synthetic marijuana from his Prichard convenience store.

Herrington said he had been defending Touch against the criminal charges for about six months when Touch hired him in connection with the separate forfeiture action. According to the agreement Herrington filed in court, the defendant agreed to pay him 45 percent of any funds he was able to recover.

Herrington said the percentage was high because the odds of any recovery appeared long at the beginning. He said he later discovered that the government did not provide adequate notice.

The U.S. Attorney’s Office disputes any errors in the handling of the forfeiture and has not said why it agreed to return half of the money. But Herrington said he believes the decision is the result of concerns that the government risked losing the entire amount. He said Touch agreed to the deal for similar reasons.

Instead of accepting the settlement, though, Touch abruptly fired Herrington and within days accepted the settlement under the same terms.

Under terms of the agreement, Herrington would be entitled to $25,525.57 out of the $56,723.50 that the U.S. Attorney’s Office has agreed to give back to Touch.

Touch, meanwhile, awaits sentencing on the drug charge. He pleaded guilty in November, admitting that he conspired with others from January to March 15 last year to sells synthetic drugs known as “spice” from his convenience store, Two Dragons.